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{
    "id": 746459,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/746459/?format=api",
    "text_counter": 24,
    "type": "speech",
    "speaker_name": "Hon. Ichung’wah",
    "speaker_title": "",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": "Thank you, Hon. Deputy Speaker. I was consulting with the Chairman of the Departmental Committee on Administration and National Security. Article 94 of the Constitution on the role of Parliament vests the legislative authority with Parliament in this republic. Indeed, Section 5 of the article states that no person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation. This conferring of authority is generally through delegated legislation, namely, regulations, orders, legal notices, et cetera . To this end and in line with Section 6 of the same article, the Statutory Instruments Act provides for the procedures to be followed in instances of delegation. Further, the House through the Standing Orders established mechanisms or the disposal of statutory instruments thus allowing for their implementation. Further, the country is currently being faced by a disturbing scenario in the construction and ownership of homes sector. The Energy Regulatory Commission (ERC), through statements in the Press, I think in the print media, which has been widely circulated, has given ultimatums to owners and occupiers of domestic residential premises, educational institutions, health institutions as well as restaurants to ensure the installation of solar heating system. This is apparently on the grounds of powers bestowed on the ERC by the Solar Water Heating Regulations of 2012. However, I have established that these regulations have never been presented to this House for consideration as required by law. It will, therefore, be an upfront not only to the authority of Parliament to purport to implement a regulation with the force of law without having the necessary approval of Parliament, but it also beats logic why a Government agency like the ERC would implement an obviously illegal regulation. It begs the question: On whose behalf the commission may be acting or purporting to enforce regulations that they purport to have the force of law without the approval of this House. It is my humble request that you direct the relevant Committee namely, the Committee on Delegated Legislation, to urgently look into this matter. Without that, Parliament will be abrogating its duty of defending interests of the people that we represent. I must declare my interest in this matter. I am a landlord. I am also a home owner. Therefore, anybody purporting to come and implement such regulations will be directly affecting many home owners and hotel owners. Not just home owners and landlords, but even schools, educational institutions and hospitals. They are saying it is illegal not to have those water heating solar systems in our schools. The fines they are proposing are very punitive. It is a fine of Kshs1 million and a jail term of up to a year or both. Therefore, I beg that you give appropriate directions to the relevant House Committee. Thank you, Hon. Deputy Speaker."
}